Related case:
TJD-AD 2022-014 Appeal Decision - Swimming
October 19, 2022
In October 2021 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the swimmer after his sample tested positive for the prohibited substance Hydrochlorothiazide.
Following notification a provisional suspension was ordered. The Athlete refused an acceptance of consequences and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of the substance and believed that the herbal supplement he used was contamined. He had used his father's product for arthrosis for the pain he suffered during his vacation. He had checked this product for prohibited substances and he was unaware of the risks of herbal supplements.
Analysis in the Rio Laboratory of this product, delivered in closed and sealed condition, confirmed the presence of the contaminants Chlorothiazide, Dexamethasone and Hydrochlorothiazide.
The Prosecutor contended that the concentration of the substance in the herbal product was extremely high whereas the Athlete failed to mention this product on the Doping Control Form. He could not explain properly were it was purchased, nor identified the manufacturer of this product. As a result he could not demonstrate how the prohibited substances had entered his system nor that the violation was not intentional.
By contrast the Rapporteur finds that the Athlete has established that a contaminated supplement was the source of the prohibited substance. The Athlete's violation was deemed to be not intentional and in view of his conduct there are grounds that he acted with a light degree of fault.
Although the Athlete had not mentioned this product on the Doping Control Form the Rapporteur considers that he was tested before without issues. Further he made efforts to provide additional information about his father's medical condition, the purchase and use of this herbal supplement and its manufacturer.
Therefore the TJD-Panel decides on 18 August 2022 by majority to impose a 6 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 October 2021, which he already has served.
